(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 (Payment of costs) (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 Division, to inform victims of their right to be provided emergency contraception at the hospital.
(3)Pursuant to ORS 109.640 (Right to medical or dental treatment without parental consent), 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 Division.
(6)The Division shall investigate complaints of violations of sections (1) or (2) of this rule in accordance with ORS 441.057.
(7)In addition to investigating complaints, the Division shall monitor compliance with ORS 435.254 (Hospital duty to provide information about emergency contraception and to make emergency contraception available to victim of sexual assault) and this rule during scheduled visits to hospitals.
(8)The Division may impose a civil penalty, not to exceed $1000, against a hospital for each violation of ORS 435.254 (Hospital duty to provide information about emergency contraception and to make emergency contraception available to victim of sexual assault) or these rules. In addition to the assessment of a civil penalty, the Oregon Health 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.
Rule 333-505-0120 — Emergency Contraception,