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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2047
Sponsored by Representative WRIGHT (Presession filed.)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act describes a parent’s rights to the care, custody and control of the parent’s mi-
nor child. (Flesch Readability Score: 70.1).
Declares the state’s public policy regarding the rights of a parent to the care, custody and
control of the parent’s child.
Requires treatment providers to notify and disclose certain information to a minor’s parent or
guardian when providing services to a minor without parental consent.
A BILL FOR AN ACT
Relating to parental rights; creating new provisions; amending ORS 109.640, 109.650, 109.670,
109.675, 109.685, 109.690, 109.695 and 419B.090; and repealing ORS 109.680.
Be It Enacted by the People of the State of Oregon:
FUNDAMENTAL RIGHTS OF PARENTS
SECTION 1. Parental Rights. (1) As used in this section:
(a)(A) “Biometric data” means data generated by automatic measurements of an
individual’s biological characteristics, including fingerprint, voiceprint or eye retina or iris,
that is used to identify a specific individual.
(B) “Biometric data” does not include a physical or digital photograph, a video or audio
recording or data generated from the recording, or information collected, used or stored for
health care treatment, payment or operations under the Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191), or data or information collected, used or stored for
law enforcement purposes.
(b) “Child” means an unemancipated, unmarried individual who has not attained 18 years
of age.
(c) “Parent” has the meaning given that term in ORS 419A.004.
(d) “Public body” means a public body as defined in ORS 174.109 and the Oregon Health
and Science University.
(2)(a) It is the policy of the State of Oregon to recognize the liberty of a parent to the
care, custody and control of the parent’s child, including the right to direct the upbringing,
education, health care and mental health of the child, as a fundamental right.
(b) It is the policy of the State of Oregon that a government entity may not substantially
burden the fundamental rights of a parent as provided under this section unless the gov-
ernment entity demonstrates that the burden, as applied to the parent and the child, is re-
quired by a compelling governmental interest of the highest order and is the least restrictive
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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means of furthering that compelling governmental interest.
(c) All parental rights are exclusively reserved to a parent of a child without obstruction
by or interference from a government entity, including, but not limited to, the following
rights and responsibilities:
(A) To direct the upbringing of the child;
(B) To direct the moral or religious training of the child;
(C) To make all physical and mental health care decisions for the child and consent to
all physical and mental health care on the child’s behalf;
(D) To access and review all health and medical records of the child;
(E) To direct the education of the child, including the right to choose public, private,
religious or home schools, and the right to make reasonable choices within public schools for
the education of the child;
(F) To access and review all educational records of the child maintained by the school,
including those maintained in accordance with the federal Family Educational Rights and
Privacy Act (20 U.S.C. 1232g);
(G) To have the child excused from school attendance for religious purposes;
(H) To participate in parent-teacher associations and school organizations that are
sanctioned by a school board;
(I) To be notified promptly if an employee of a public body reasonably believes that abuse,
neglect or any criminal offense has been committed against the child by someone other than
the parent, unless doing so would interfere with a criminal investigation or Department of
Human Services’ abuse investigation, or unless an employee of the state, a public education
program as defined in ORS 329.901 or any other public body is required by law to withhold
suchinformation;
(J) To consent before the collection, storing or sharing of any individual biometric data,
data relative to analysis of facial expressions, electroencephalogram brain wave patterns,
skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture
andeye-tracking;
(K) To consent before any record of the child’s blood or deoxyribonucleic acid is created,
stored or shared, unless authorized by law or pursuant to a court order; and
(L) To consent before any government entity makes a video or voice recording of the
child, unless the video or voice recording is made during or as part of:
(i) A court proceeding;
(ii) A law enforcement interaction;
(iii) A forensic interview in a criminal or child abuse investigation;
(iv) The security or surveillance of buildings or grounds;
(v) A photo identification card; or
(vi) A public event where the child has no reasonable expectation of privacy.
(d)(A) This section does not authorize or allow any individual to abuse, neglect or en-
danger a child;
(B) This section does not prevent the department from conducting a child abuse investi-
gation or otherwise carrying out its responsibilities under state law, consistent with the
policy described in ORS 419B.090; and
(C) This section does not apply if:
(i) A parent of the minor has given blanket consent authorizing the person or entity to
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perform an activity listed in subsection (2)(c) of this section;
(ii) A public body or any other person reasonably relies in good faith on an individual’s
representations that the individual is the parent of a minor or has otherwise been granted
authority to make decisions regarding a minor’s care under state law;
(iii) A person, including a law enforcement officer, participates or assists in rendering
emergencycare;
(iv) An employee of a local education agency acts to control bleeding using a bleeding
control kit; or
(v) Services are provided to or information is received or maintained about a minor en-
rolled in an institution of higher education or a minor participating in a program for which
the minor’s parent has consented to the child’s participation by an employee of the institu-
tion of higher education or other school official.
(e) An employee of a public body, other than law enforcement personnel, may not en-
courage or coerce a child to withhold information from the child’s parent. An employee of a
public body may not withhold from a child’s parent information that is relevant to the
physical, emotional or mental health of the child unless required by law to withhold such
information.
(f)(A) A parent whose rights have been burdened by a government entity in violation of
this section may assert that violation of this section as a claim or defense in any judicial or
administrative proceeding, without regard to whether the proceeding is brought by or in the
name of the state, private person or another party.
(B) A parent who prevails in a proceeding to enforce this section against a government
entity may recover the following from a court of competent jurisdiction:
(i) Declaratory relief;
(ii) Injunctive relief; or
(iii) Compensatory damages, including reasonable costs and attorney fees.
(g) A person that is not a parent does not have standing to raise in any proceeding in this
state the fundamental rights of a parent established in this section.
(3) This section shall be construed using the following rules:
(a) The protections of the right of parents to the care, custody and control of their child
under this section are in addition to the protections provided under any other state or fed-
eral law;
(b) This section must be construed in favor of a broad protection of the right of parents
to the care, custody and control of their children, including the right to direct the upbring-
ing, education, health care and mental health of their child; and
(c) This section does not give a parent the right to consent to medical treatments on the
child’s behalf if the medical treatment has been prohibited by state law.
SECTION 2. ORS 419B.090 is amended to read:
419B.090. (1) The juvenile court is a court of record and exercises jurisdiction as a court of
general and equitable jurisdiction and not as a court of limited or inferior jurisdiction. The juvenile
court is called “The Court of County, Juvenile Department.”
(2)(a) It is the policy of the State of Oregon to recognize that children are individuals who have
legal rights. Among those rights are the right to:
(A) Permanency with a safe family;
(B) Freedom from physical, sexual or emotional abuse or exploitation; and
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(C) Freedom from substantial neglect of basic needs.
(b) Parents and guardians have a duty to afford their children the rights listed in paragraph (a)
of this subsection.Parents and guardians have a duty to remove any impediment to their ability to
perform parental duties that afford these rights to their children. When a parent or guardian fails
to fulfill these duties, the juvenile court may determine that it is in the best interests of the child
to remove the child from the parent or guardian either temporarily or permanently.
(c) The provisions of this chapter shall be liberally construed to the end that a child coming
within the jurisdiction of the court may receive such care, guidance, treatment and control as will
lead to the child’s welfare and the protection of the community.
(3) It is the policy of the State of Oregon to safeguard and promote each child’s right to safety,
stability and well-being and to safeguard and promote each child’s relationships with parents, sib-
lings, grandparents, other relatives and adults with whom a child develops healthy emotional at-
tachments.
(4) It is the policy of the State of Oregon to guard the liberty interest of parents [protected by
the Fourteenth Amendment to the United States Constitution] as provided in section 1 of this 2025
Act and to protect the rights and interests of children, as provided in subsection (2) of this section.
The provisions of this chapter shall be construed and applied in compliance with section 1 of this
2025 Act. [federal constitutional limitations on state action established by the United States Supreme
Court with respect to interference with the rights of parents to direct the upbringing of their children,
including, but not limited to, the right to:]
[(a) Guide the secular and religious education of their children;]
[(b) Make health care decisions for their children; and]
[(c) Discipline their children.]
(5) It is the policy of the State of Oregon, in those cases not described as extreme conduct under
ORS 419B.502, to offer appropriate reunification services to parents and guardians to allow them the
opportunity to adjust their circumstances, conduct or conditions to make it possible for the child to
safely return home within a reasonable time. The state shall provide to parents and guardians with
disabilities opportunities to benefit from or participate in reunification services that are equal to
those extended to individuals without disabilities. The state shall provide aids, benefits and services
different from those provided to parents and guardians without disabilities, when necessary to en-
sure that parents and guardians with disabilities are provided with an equal opportunity under this
subsection. Although there is a strong preference that children live in their own homes with their
own families, the state recognizes that it is not always possible or in the best interests of the child
or the public for children who have been abused or neglected to be reunited with their parents or
guardians. In those cases, the State of Oregon has the obligation to create or provide an alternative,
safe and permanent home for the child.
(6) It is the policy of the State of Oregon, in a case involving an Indian child, to safeguard and
promote the Indian child’s connections with the Indian child’s family, culture and tribe in accord-
ance with the policies regarding Indian children in child custody proceedings under ORS 419B.600.
CONSENT TO HEALTH CARE FOR MINORS
SECTION 3. Medical decision-making. (1) As used in this section:
(a) “Health care provider” means a health care provider, as defined in ORS 31.260, and a
health care facility, as defined in ORS 442.015.
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(b)(A) “Minor” means an individual who has not attained eighteen years of age.
(B) “‘Minor” does not include an individual who:
(i) Is emancipated;
(ii) Is married;
(iii) Is or was previously a member of the Armed Forces of the United States or a
member of a reserve or national guard unit; or
(iv) Is the custodial parent of a minor child.
(c) “Parent” has the meaning given that term under ORS 419A.004.
(d) “Public body” means a public body as defined in ORS 174.109, the Oregon Health and
Science University and the Oregon State Bar.
(2) Except as otherwise provided by statutory law, case law or court order, a public body,
a health care provider or any other person may not knowingly take any of the following
actions with regard to a minor without first obtaining the consent of a parent of the minor:
(a) Treat, profess to diagnose, operate on or prescribe for any physical ailment, physical
injury or deformity;
(b) Prescribe, dispense, deliver or administer any drug or medication;
(c) Render psychological services; or
(d) Render counseling services.
(3) This section does not apply when:
(a) A parent of the minor has given blanket consent authorizing the person or entity to
perform an activity listed in subsection (2) of this section;
(b) A public body, health care provider or any other person reasonably relies in good faith
on an individual’s representations that the individual is the parent of a minor or has other-
wise been granted authority to make decisions regarding a minor’s health care under state
law;
(c) A licensed physician performs emergency medical or surgical treatment;
(d) Licensed personnel render appropriate emergency medical care or provide emergency
medical services;
(e) A person, including a law enforcement officer, participates or assists in rendering
emergency care; or
(f) An employee of a public education program, as defined in ORS 329.901, acts to control
bleeding using a bleeding control kit.
(4) A violation of this section is an unlawful practice and is grounds for the offending
health care provider’s licensing board to suspend, revoke, or refuse to renew the health care
provider’s license or take other disciplinary action allowed by law.
(5) If the licensing board of a health care provider receives information of a violation or
potential violation of this section by the health care provider, the licensing board shall con-
duct an immediate investigation and take appropriate disciplinary action.
(6) A parent may bring a civil cause of action to recover compensatory damages, rea-
sonable attorney fees, court costs, expenses, and other appropriate relief against an entity
or health care provider alleged to have violated this section.
(7) If a court in any civil action brought pursuant to this section finds that a health care
provider knowingly violated this section, then the court shall notify the appropriate regula-
tory authority and the attorney general and reporter by mailing a certified copy of the
court’s order to the regulatory authority and the attorney general and reporter. Notification
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pursuant to this subsection must be made upon the judgment of the court being made final.
(8)(a) A civil action commenced against a health care provider under this section must
be brought within the time period for commencing actions established in ORS chapter 12.
(b) A civil action commenced against another entity under this section must be brought
within one year from the date of discovery of the violation of this section.
(9) This section is declared to be remedial in nature, and this section must be liberally
construed to effectuate its purposes.
SECTION 4. ORS 109.640, as amended by section 27, chapter 73, Oregon Laws 2024, is amended
toread:
109.640. (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) Notwithstanding section 3 of this 2025 Act, a minor under 15 years of age may give con-
sent, 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 provider’s scope of
practice and who reasonably believes, in the health care provider’s 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 concur-
rence 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 and section 3 of this 2025 Act, 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
provider’s scope of practice.
(4) Notwithstanding section 3 of this 2025 Act, 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 practi-
tioner.
(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
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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 person’s mandatory child abuse reporting
duties under ORS 419B.010.
(6) Nothing in this section grants a minor the authority to withhold consent to treatment
consented to on the minor’s behalf by the minor’s parent or guardian.
SECTION 5. ORS 109.650, as amended by section 28, chapter 73, Oregon Laws 2024, is amended
toread:
109.650. [A hospital or a physician, physician associate, nurse practitioner, naturopathic physician,
dentist or optometrist described in ORS 109.640 may advise a parent or legal guardian of a minor of
the care, diagnosis or treatment of the minor or the need for any treatment of the minor, without the
consent of the minor, and is not liable for advising the parent or legal guardian without the consent
of the minor.]
(1) A person providing information, services, diagnosis or treatment to a minor without
parental consent as authorized by ORS 109.640 or 109.675 shall provide the minor’s parent or
guardian with notice of the information, services, diagnosis or treatment provided by the
person to the minor.
(2) Except as otherwise provided by federal law, a person providing information, services,
diagnosis or treatment to a minor without parental consent as authorized by ORS 109.640 or
109.675 shall, at the request of the minor’s parent or guardian, disclose relevant health in-
formation about the minor with or without the minor’s consent.
(3) Subsections (1) and (2) of this section do not apply if:
(a) The minor is married;
(b) The minor is the custodial parent of a minor child;
(c) The minor is emancipated, whether emancipated under the provisions of ORS 109.510
and 109.520 or 419B.550 to 419B.558 or emancipated by virtue of having lived apart from the
parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining
treatment as provided by ORS 109.640 or 109.675;
(d) The minor has been sexually abused by the minor’s parent; or
(e) The person reasonably believes, in the person’s professional judgment, that providing
notice to the minor’s parent or guardian:
(A) May result in the physical or emotional abuse of the minor or the neglect of the
minor;or
(B) Would not be in the best interest of the minor, for the reasons documented by the
person after obtaining the concurrence of a health care provider who is associated with a
separate medical practice or facility.
(4) A person who provides information, services, diagnosis or treatment to a minor
without parental consent as authorized by ORS 109.640 or 109.675 is not subject to any civil
liability for providing such information, services, diagnosis or treatment if:
(a) The information, services, diagnosis or treatment is provided in good faith; and
(b) The person provides the minor’s parent or guardian with notice required in subsection
(1) of this section unless an exception under subsection (3) of this section applies.
(5) A person who notifies or discloses information to a minor’s parent or guardian as
described in this section is not liable for making the notification or disclosure without the
minor’sconsent.
SECTION 6. ORS 109.670 is amended to read:
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109.670. (1) Any person 16 years of age or over may donate blood to any blood program without
obtaining permission of a parent or guardian.
(2) If a person under 18 years of age donates blood as provided in this section, the blood
program shall provide notice of the minor’s blood donation to the minor’s parent or guardian.
[(2)] (3) As used in subsection (1) of this section, “blood program” means any voluntary and
noncompensatory program for the drawing of blood which is approved by the American Association
of Blood Banks or the American Red Cross.
SECTION 7. ORS 109.675, as amended by section 29, chapter 73, Oregon Laws 2024, is amended
toread:
109.675. (1) Notwithstanding section 3 of this 2025 Act, a minor 14 years of age or older may
obtain, without [parental knowledge or consent] the consent of the minor’s parent or guardian :
(a) Outpatient diagnosis or treatment of a mental or emotional disorder or a chemical depend-
ency, excluding methadone maintenance, by a physician or physician associate licensed by the
Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practi-
tioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the
State Board of Licensed Social Workers, a professional counselor or marriage and family therapist
licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic
physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health
program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon
Health Authority pursuant to rule.
(b) Outpatient applied behavior analysis, as defined in ORS 676.802, as a treatment of a mental
or emotional disorder or a chemical dependency, excluding methadone maintenance, by a behavior
analyst or assistant behavior analyst licensed under ORS 676.810 or a behavior analysis
interventionist registered by the Health Licensing Office under ORS 676.815 if the treatment is
within the scope of practice of the behavior analyst, assistant behavior analyst or behavior analysis
interventionist.
(2) [However, the person providing treatment shall have the parents of the minor involved] The
person providing treatment to a minor under this section shall provide notice of the treat-
ment to the minor’s parent or guardian as required under ORS 109.690 and shall involve the
minor’s parent or guardian in the minor’s treatment before the end of treatment unless the
[parents refuse] parent or guardian refuses or unless there are clear clinical indications to the
contrary, which [shall] must be documented in the treatment record. The provisions of this sub-
section do not apply to a minor described in ORS 109.650 (3)(c) or (d).[:]
[(a) A minor who has been sexually abused by a parent; or]
[(b) An emancipated minor, whether emancipated under the provisions of ORS 109.510 and 109.520
or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived
apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to
obtaining treatment as provided by this section.]
(3) Nothing in this section grants a minor the authority to withhold consent to treatment
consented to on the minor’s behalf by the minor’s parent or guardian.
SECTION 8. ORS 109.685, as amended by section 31, chapter 73, Oregon Laws 2024, is amended
toread:
109.685. [A physician, physician associate, psychologist, nurse practitioner, clinical social worker
licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the
Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed
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under ORS chapter 685 or community mental health program described in ORS 109.675 ]A person
who in good faith provides information, services, diagnosis or treatment to a minor as authorized
by ORS 109.640 or 109.675 [shall] may not be subject to any civil liability for providing such in-
formation, services, diagnosis or treatment without consent of the minor’s parent or [legal]
guardian [of the minor] if the person provides notice to the minor’s parent or guardian as re-
quired by ORS 109.650.
SECTION 9. ORS 109.690 is amended to read:
109.690. If information, services, diagnosis or treatment [services] are provided to a minor
pursuant to ORS 109.640 or 109.675 without consent of the minor’s parent or [legal] guardian, the
minor’s parent, parents or [legal] guardian [of the minor shall] may not be liable for payment for
any such services rendered.
SECTION 10. ORS 109.695 is amended to read:
109.695. For the purpose of carrying out the policy and intent of ORS 109.675 [to 109.695] while
taking into account the respective rights of minors at risk of chemical dependency or mental or
emotional disorder and the rights and interests of parents or legal guardians of such minors, the
Oregon Health Authority shall adopt rules for the implementation of ORS 109.675 [to 109.695] by
community mental health programs approved to do so. Such rules shall provide for the earliest fea-
sible involvement of the parents or guardians in the treatment plan consistent with clinical re-
quirements of the minor.
SECTION 11.ORS 109.680 is repealed.
MISCELLANEOUS
SECTION 12. The unit and section captions used in this 2025 Act are provided only for
the convenience of the reader and do not become part of the statutory law of this state or
express any legislative intent in the enactment of this 2025 Act.
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