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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3330
Sponsored by Representative DIEHL
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 expands laws that protect a health care worker’s right to object to taking part
in certain health care treatments. (Flesch Readability Score: 72.7).
Provides protections for a person who refuses to participate in a procedure related to abortion,
physician-assisted suicide or gender-affirming treatment if the refusal is based on a person’s ethical,
moral or religious convictions.
Allows a health care facility to refuse to perform a procedure related to abortion, physician-
assisted suicide or gender-affirming treatment.
Allows a person to bring an action for damages and equitable relief against a health care fa-
cility, health professional regulatory agency, employer or school for a violation. Directs a court to
award attorney fees to a prevailing plaintiff.
A BILL FOR AN ACT
Relating to participation in medical procedures.
Be It Enacted by the People of the State of Oregon:
SECTION 1. As used in sections 1 to 4 of this 2025 Act:
(1) “Abortion” means the use or prescription of a drug, medicine, instrument or other
substance or device in order to:
(a) Intentionally kill the unborn child of a pregnant person; or
(b) Terminate a person’s pregnancy with a purpose other than:
(A) To produce a live birth and preserve the life and health of the child; or
(B) To remove a dead unborn child.
(2) “Gender-affirming treatment” means a procedure, service, drug, device or product
that a physical or behavioral health care provider prescribes to treat a person for
incongruence between the person’s gender identity and the person’s sex assignment at birth.
(3) “Health care facility” means an entity involved in providing health care services, in-
cluding but not limited to a hospital, clinic, medical center, ambulatory surgical center,
physician’s office, pharmacy, nursing home, medical school, nursing school, medical training
facility or inpatient health care facility.
(4) “Health care practitioner” means a person who is authorized by a health professional
regulatory agency in this state to engage in the practice of a health care discipline.
(5) “In vitro human embryo” means a human organism that is derived by fertilization,
parthenogenesis, cloning or other means from one or more human gametes or human diploid
cells, whether cryopreserved or not, and that lives outside of a pregnant person’s body.
(6) “Participate” means to perform, practice, engage in, assist in, recommend, counsel
in favor of, make referrals for, prescribe, dispense or administer drugs or devices or other-
wise promote or encourage.
SECTION 2. (1) An employer may not discriminate against an employee or prospective
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.
LC 1685 HB3330
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employee by refusing to reasonably accommodate the ethical, moral or religious objection
of the employee or prospective employee, unless the employer can demonstrate that the ac-
commodation would impose an undue hardship on the program or enterprise of the employer,
to any of the following procedures:
(a) An abortion, except in a medical emergency as described in subsection (2) of this
section, and the employee is the only person available with the necessary skills and training
to carry out the abortion.
(b) An experimental or medical procedure that destroys an in vitro human embryo or
uses cells or tissue derived from the destruction of an in vitro human embryo.
(c) An experimental or medical procedure performed on an in vitro human embryo that
is not related to the beneficial treatment of the in vitro human embryo.
(d) An experimental or medical procedure performed on a developing child in an artificial
womb, at any stage of development, that is not related to the beneficial treatment of the
child.
(e) A procedure, including a transplant procedure, that uses fetal tissue or organs from
a source other than a dead unborn child who died as a result of natural causes in utero,
accidental trauma or a criminal assault on the pregnant person or the unborn child.
(f) An act that intentionally causes or assists in causing the death of a person who has
voluntarily requested medication for the purpose of ending the person’s life in a manner de-
scribed in ORS 127.800 to 127.897.
(g) An act that intentionally causes or assists in causing the death of a person by with-
holding from the person ordinary food and water.
(h) Gender-affirming treatment.
(2)(a) An abortion is a medical emergency for purposes of subsection (1)(a) of this section
if, in the reasonable medical judgment of the health care provider, failure to immediately
terminate the pregnancy:
(A) Is reasonably likely to result in the pregnant person’s death; or
(B) Creates a serious risk of substantial and irreversible physical impairment of one or
more of the pregnant person’s major bodily functions, not including psychological or emo-
tionalfunctions.
(b) The likelihood that a pregnant person will engage in conduct that would result in the
person’s death or in substantial and irreversible physical impairment of a major bodily
function does not constitute a medical emergency for the purposes of subsection (1)(a) of this
section.
(3) A health care facility, employer or school may not discriminate against a person with
regard to admission, hiring or firing, tenure, terms, conditions or privileges of employment,
student status or staff status on the grounds that the person refuses, or expresses an in-
tention to refuse, to participate in a procedure described in subsection (1) of this section if
the refusal is based on the person’s ethical, moral or religious convictions. Except as pro-
vided in subsection (1) of this section, a person may not be required to:
(a) Participate in a procedure described in subsection (1) of this section;
(b) Make facilities under the person’s control available to another person so that the
other person can participate in a procedure described in subsection (1) of this section; or
(c) Provide personnel under the person’s control who will participate in a procedure de-
scribed in subsection (1) of this section.
[2] HB3330
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SECTION 3. (1) Notwithstanding ORS 435.240, a health care facility is not required to:
(a) Admit a patient so that the patient may undergo a procedure described in section 2
of this 2025 Act.
(b) Permit the use of the health care facility for the purpose of the performance of a
procedure described in section 2 of this 2025 Act.
(2)(a) A person who is a health care practitioner, student, faculty member or other per-
son employed by or associated with a health care facility in which a procedure described in
section 2 of this 2025 Act is performed may state in writing, and submit to the health care
facility in a manner determined by the health care facility and consistent with ORS 435.225,
the person’s intention, based on the person’s ethical, moral or religious objection, to refuse
to participate in the performance of the procedure.
(b) The health care facility may not:
(A) Require a person described in this subsection to participate in a procedure described
in section 2 of this 2025 Act; or
(B) Discipline a person described in this subsection for the person’s refusal to participate
in a procedure described in section 2 of this 2025 Act.
(c) A health professional regulatory agency may not discipline a person described in this
subsection over whom the agency has regulatory authority for the person’s refusal to par-
ticipate in a procedure described in section 2 of this 2025 Act.
SECTION 4. (1)(a) A person who alleges discrimination in violation of section 2 of this
2025 Act may bring an action against the health care facility, employer or school accused of
violating section 2 of this 2025 Act for damages and equitable relief.
(b) A person who alleges a violation of section 3 of this 2025 Act may bring an action
against the health care facility member or health professional regulatory agency accused of
violating section 3 of this 2025 Act for damages and equitable relief.
(c) An action described in this subsection may be brought against the state or any
agency, association, authority, department, office or other body of the state or local gov-
ernment established by the Oregon Constitution or laws of this state.
(2) A court shall award attorney fees to a plaintiff who prevails in an action under this
section.
(3) An action under this section must be commenced within one year of the date on
which the cause of action accrues.
[3]