Oregon's Abortion Laws: What You Need To Know

Abortion laws vary across the United States, with some states imposing restrictions on abortion access. Oregon is an example of a state with protective abortion laws, allowing abortion at all stages of pregnancy. The state has no gestational limits, no waiting periods, and medication abortion is accessible by mail. Oregon's Reproductive Health Equity Act ensures abortion coverage by most insurance plans and prohibits discrimination in coverage or care based on gender, sexual orientation, race, disability, or immigration status. This overview of Oregon's abortion laws provides insight into the state's stance on reproductive rights and how it compares to other states in the nation.

Abortion is legal at all stages of pregnancy

Oregon's abortion laws have remained unchanged by recent U.S. Supreme Court decisions, such as the overturning of Roe v. Wade in Dobbs v. Jackson Women's Health in June 2022. Additionally, a ballot box measure seeking to limit the state's ability to use public funds for abortions was rejected by voters in 2018.

The state allows qualified non-physician health professionals, including physician assistants, nurse practitioners, and certified nurse midwives, to perform first-trimester aspiration abortions and prescribe medication for medical abortions. Oregon also permits telemedicine consultations for early pregnancy terminations, allowing pregnant individuals to bypass in-person visits and receive abortion medication by mail.

The decision to have an abortion in Oregon is considered protected health information under federal and state patient privacy laws. This means that identifiable health information cannot be released without the individual's consent, except in specific cases, such as disclosure for treatment or payment, or if required by state law.

Oregon has a history of protecting abortion rights, dating back to the late 1960s when it chose to model its abortion law after the British Abortion Act of 1967. The state continues to be classified as highly protective of abortion rights, welcoming those who need abortion care and cannot access it in their home state.

Oregon has no legal restrictions on abortion

Abortion is legal in Oregon at all stages of pregnancy. The state has no gestational limits, no waiting periods, and abortion pills can be accessed by mail. Oregon's Reproductive Health Equity Act prohibits discrimination in coverage or care based on gender, sexual orientation, race, disability, or immigration status.

The state's laws on abortion were not changed by the United States Supreme Court's decision in June 2022 to overturn Roe v. Wade (called Dobbs v. Jackson Women's Health). Oregon is classified by the Center for Reproductive Rights as highly protective of abortion rights.

In 2017, the state passed the Reproductive Health Equity Act, which required health insurance to offer abortion coverage and to absorb most of the costs for the procedure, instead of passing them along to women. As of May 2019, Oregon was one of only a few states in the US with no gestational age limit on abortion, and the only one with no restrictions at all.

Oregon has a history of supporting abortion rights. In the late 1960s, the state chose to model its law after the British Abortion Act of 1967, rather than following the American Law Institute's model penal code, which outlined three circumstances in which they believed a physician could justifiably perform an abortion. As of 1971, Oregon required that any woman getting a legal abortion in the state needed to be a resident for a specific period between 30 and 90 days. However, this requirement was later removed, and in 2018, voters rejected a ballot measure that sought to limit the state's ability to use public funds to pay for abortions.

Non-residents can access abortions in Oregon

Abortion in Oregon is legal at all stages of pregnancy, and the state is classified as highly protective of abortion rights. Oregon has no legal restrictions on abortion, including no gestational limits and no waiting periods. Non-residents can access abortions in Oregon, and the state welcomes those who need abortion care but cannot receive it in their home state. The Oregon Reproductive Rights Hotline provides specific information on travelling to Oregon for an abortion.

Oregon's Reproductive Health Equity Act prohibits discrimination in coverage or care based on gender, sexual orientation, race, disability, or immigration status. Undocumented individuals and lawful permanent residents cannot be discriminated against while seeking and/or receiving abortion care. The Act also requires health insurance plans to cover abortion care, with no out-of-pocket charges. Self-insured and federally-funded plans are exempt from this requirement.

Oregon also has a state health insurance program called Medicaid, or the Oregon Health Plan, which covers abortion care. U.S. citizens and legal permanent residents of more than five years qualify for this program. Undocumented immigrants and legal permanent residents of fewer than five years do not qualify. However, those who do not qualify for Medicaid may still be eligible for coverage under the Reproductive Health Equity Act if their income is less than 250% of the Federal Poverty Level.

For those travelling to Oregon for an abortion, the Abortion Access Network may be able to assist with lodging and transportation. Additionally, abortion doula services and ground transportation in Portland are available through the Cascades Abortion Support Collective.

Oregon's Reproductive Health Equity Act prohibits discrimination

Oregon has some of the most progressive abortion laws in the United States. Abortion is legal at all stages of pregnancy and the state is classified as highly protective of abortion rights. Oregon's Reproductive Health Equity Act (RHEA) was passed in 2017, and it prohibits discrimination in coverage or care based on gender, sexual orientation, race, disability, or immigration status. This means that if you are undocumented or a lawful permanent resident, you cannot be discriminated against while seeking and/or receiving abortion care.

The Act also requires health insurance companies to offer abortion coverage and absorb most of the costs of the procedure, instead of passing them on to women. Specifically, starting in January 2019, commercial health plans regulated by the State of Oregon were required to cover abortion with no out-of-pocket costs, even if the patient had to go out of network for care. This was a significant development, as it ensured that financial barriers would not impede access to abortion services.

The RHEA also establishes reproductive health coverage for undocumented Oregon women, a critical provision to ensure that all individuals have access to the care they need. Starting in January 2018, Oregon women who had previously been excluded from Medicaid coverage due to their citizenship status gained access to reproductive health care services. These services include screenings for pregnancy, sexually transmitted infections, breast and cervical cancers, and genetic cancer risk factors, as well as counseling on various topics such as tobacco use, breastfeeding support, and a comprehensive list of FDA-approved contraception.

Additionally, the Act prohibits commercial health plans regulated by the State of Oregon from discriminating based on gender identity, ensuring that transgender and gender-nonconforming individuals have access to the healthcare they need. This provision is particularly important given the disparities and barriers to healthcare often faced by these communities.

The RHEA is a testament to Oregon's commitment to protecting reproductive rights and ensuring that all individuals, regardless of their background or circumstances, have access to safe and legal abortions. It sends a strong message that in times of uncertainty at the national level, states have a duty to safeguard the rights and protections of their citizens.

Oregon law requires insurance plans to cover abortion care

Abortion is legal in Oregon at all stages of pregnancy. The state has no gestational limits, no waiting periods, and allows medication abortion (abortion pills) to be accessed by mail. Oregon's Reproductive Health Equity Act (RHEA) prohibits discrimination in coverage or care based on gender, sexual orientation, race, disability, or immigration status.

Oregon law requires most insurance plans to cover abortion care, with no out-of-pocket charges. This means that insurance providers must offer abortion coverage and absorb most of the costs for the procedure, instead of passing them on to women. However, self-insured and federally-funded plans are exempt from this requirement. Other limits to coverage may also apply, depending on the specific insurance plan.

For a list of health plans covered by the law, residents can visit https://dfr.oregon.gov/Pages/index.aspx and click on "RHEA Plan Information." If a person's insurance plan is exempt from the requirement or they do not have insurance, they can still access abortion services. The Oregon Health Authority provides further information on this and can be contacted by calling 971-673-0355 or by visiting https://www.oregon.gov/oha/ph/HealthyPeopleFamilies/ReproductiveSexualHealth/pages/index.aspx.

The Center for Reproductive Rights classifies Oregon as highly protective of abortion rights. The state has no legal restrictions on abortion and continues to protect a pregnant person's right to abortion, even after the US Supreme Court's decision to overturn Roe v. Wade in 2022.

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