Oregon Health Authority
Public Health Division - Chapter 333
Division 505
HOSPITAL ORGANIZATION AND MANAGEMENT
333-505-0120
Emergency Contraception
(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 not medically contraindicated, provide the victim of any child bearing age with emergency contraception immediately at the hospital, notwithstanding ORS 147.397 (defining the availability of the Sexual Assault Victims' Emergency Medical Response fund "SAVE Fund").
(d) For purposes of this rule, "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.
(2) A hospital shall post a written notice, approved by the Oregon Health Authority (Authority), to inform victims of their right to be provided emergency contraception at the hospital.
(3) Pursuant to ORS 109.640, anyone under the age of 18 has the right to consent to birth control information and services, including emergency contraception.
(4) A hospital shall document in writing that the information required to be given to a female victim of sexual assault in section (1) of this rule, was provided. Failure to have such documentation may result in the issuance of a civil penalty.
(5) A hospital may only provide the victim informational materials about emergency contraception that has been approved by the Authority.
(6) The Authority shall investigate complaints of violations of sections (1) or (2) of this rule in accordance with ORS 441.044.
(7) In addition to investigating complaints, the Authority shall monitor compliance with ORS 435.254 and this rule during scheduled visits to hospitals.
(8) The Authority may impose a civil penalty, not to exceed $1000, against a hospital for each violation of ORS 435.254 or these rules. In addition to the assessment of a civil penalty, the Authority will require corrective actions from the hospital.
(a) For the first violation the civil penalty shall be $250;
(b) For the second violation the civil penalty shall be $500;
(c) For the third and any subsequent violations, the civil penalty shall be $1000.
Statutory/Other Authority: ORS 441.025
Statutes/Other Implemented: ORS 183.745, 435.254, 435.256, 441.044 & 441.025
History:
PH 39-2024, minor correction filed 04/08/2024, effective 04/08/2024
PH 12-2023, minor correction filed 02/07/2023, effective 02/07/2023
PH 11-2009, f. & cert. ef. 10-1-09