Birth Control

ORS 435.200
Interference by public body with right to obtain and use safe and effective methods of contraception prohibited


A public body as defined in ORS 174.109 (“Public body” defined) or, except as provided in ORS 435.225 (Refusal by employee to offer services), an officer, employee or agent of a public body may not:


Deprive a consenting individual of the right to obtain and use safe and effective methods of contraception; or


Interfere with or restrict, in the regulation or provision of benefits, facilities, services or information, the right of consenting individuals to obtain and use safe and effective methods of contraception.


Nothing in this section is intended to prevent the application of laws, rules, ordinances or taxes that affect the method or manner of sales or distribution of contraceptive devices, provided the laws, rules, ordinances or taxes are designed to promote public health and safety and do not unreasonably burden public access to contraception.


As used in this section:


“Contraception” means the use of any process, device or method to prevent pregnancy, including steroidal, chemical, physical or barrier, natural or permanent methods for preventing the union of an ovum with the spermatozoon, or preventing the subsequent implantation of the fertilized ovum in the uterus, and includes all postcoital methods, drugs or devices approved by the United States Food and Drug Administration to prevent pregnancy.


“Pregnancy” is the period of time from implantation of a fertilized ovum in the uterus to delivery. A woman shall be presumed pregnant if she is premenopausal and exhibits signs of pregnancy, including missed menses, until disproved by a laboratory test or until delivery. [2007 c.182 §7]


Last accessed
Mar. 11, 2023